Author Archives: Alan F. Pendleton, "Of Counsel" Martine Law Firm, Director of Mentorship & Education, Former District Court Judge,

Missouri v. McNeely and Telephonic Search Warrants – 7 Steps (13-06)

On April 17, 2013 the U.S. Supreme Court issued a long awaited decision in Missouri v. McNeely in which the Court addressed when and under what circumstances, during drunk-driving investigations, law enforcement can conduct a blood test without a warrant. The McNeely decision reverses the Minnesota Supreme Court decision in State v. Shriner, 751 N.W.2d 538 (2008).

QUESTION: You receive a phone call at 3 a.m. from law enforcement asking you to approve a telephonic search warrant. What seven (7) procedural steps MUST be followed for a telephonic search warrant to be lawful? This update outlines a step-by-step guide for judges and law enforcement to follow

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Pendleton13.06-Missouri_v_McNeely_and_Telephonic_Search_Warrants

Ordering Defendants to Wear Restraints During Trial (13-05)

QUESTION: Under what circumstances can the court order a defendant to wear restraints (e.g. leg restraint not visible to the jury, etc.) during trial and what nine (9) factors should the court consider in reaching a decision?

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PendletonUpdate13-05

Child Support – 5 Tax Rules Every Judge Should Know (13-04)

QUESTION: When drafting or reviewing a final divorce decree involving an order of child support, what five (5) tax rules should every judge (and attorney) be aware of?

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Pendleton13.04- Child Support- 5 Tax Rules Every Judge Should Know

Post Decree Motions to Modify Custody Based on Endangerment (13-03)

QUESTION: When Ruling on a Post-Decree Motion To Modify Custody (Based on a Claim of Endangerment) What is the “Rule of Nice-Petersen” and What 3-Step Analysis MUST the Court Follow?

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Pendleton Update 13-3

Jury Selection “Batson” Challenge (13-02)

QUESTION: You’re In The Middle Of Jury Selection When One Party Raises A “Batson” Challenge. What Three-Step Analysis Must You Follow To Properly Rule On The Challenge? Does “Batson” Prohibit Both Racial and Gender Discrimination?

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Pendleton13.02 Batson Challenge-replaces 10-10

Jury Selection – “Batson” Challenge (replaced with update 13.2)

This update (10.10) has been replaced with update 13.2

Pendleton10.10-Jury_Selection_Batson_Challenge

MINNESOTA JAIL CREDIT MANUAL (12-10)

The Minnesota Jail Credit Manual is designed to provide Judges and Attorneys with a basic guide to the most common jail credit questions faced by legal practitioners on a day to day basis.

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Pendleton Update 12-10

Minnesota Jail Credit Manual (11-17) (replaced by update 12-10)

THIS IS THE OLD VERSION. SHOULD BE REPLACED WITH NEW VERSION 12.10

Pendleton11.17-Jail_Credit_Rules

Family Law Motions: Ten Basics Rules (11-10) (Replaced by 12-09)

This is an old version. It has been replaced by update 12-09.

Pendleton11.10-Family_Law_Motions

 

Consecutive Sentencing – A Common Judicial Mistake (12-08)

QUESTION: When the Court orders a stayed sentence to run “consecutive” to all other sentences” what does that actually mean? What is it that actually runs consecutive?

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Pendleton12.08-Consecutive_Sentencing